Did You Know that 23% of the 1,000 people in America go through divorce?
There are many reasons couples may decide to end their vows and move on. Sometimes one partner discovers that they are no longer in love with the other. Other times, both spouses find themselves fighting and unable agree to anything. Divorce is not fun, no matter who is to blame.
There are also bright side to this. This is your chance to get over your relationship with your partner and move on with your lives. If both spouses can agree to it, divorce can often be more financially beneficial for them both.
You must be able to understand and protect your rights and interests in divorce proceedings. Here are the essential facts.
Divorce Legal Requirements
Both spouses must acknowledge that their marriage existed at some point during a divorce. The most common reasons for a divorce are abandonment, adultery or imprisonment.
A no-fault divorce is one in which neither spouse has to prove fault for the judge to grant divorce. In a no fault divorce, the judge will usually cite the grounds as “irreconcilable disagreements span>
No matter if a couple chooses to divorce with fault or without, there may still be disputes about child custody, property and finances. These issues must be resolved through court orders.
Serving the Petition
The first step in filing for divorce is to serve the papers on the other spouse, which is known as the petition. This is known as the “service of process”. If the spouse agrees to divorce, they will need to sign the acknowledgment.
You can also hire a professional service server to serve the papers personally if the spouse is unable to agree to the service. The date of separation is established when you complete the service process.
Response
If one spouse is willing to agree, they can file a response to the court stating that they are agreeing. This will expedite the process and will make it less expensive to complete the entire divorce process.
If the petitioner does not receive a response within 30 days, he or she can ask the court to declare default.
Final Steps
Both spouses must disclose their income, liabilities, assets, and expenses during the final stages of a divorce. If both spouses consent to the terms of the divorce, they will need to complete additional paperwork.
The court will enter the judgment and the divorce is final. The marriage will not be officially dissolved until the state has completed its waiting period. This means that neither spouse may remarry after the expiration of the waiting period.
The process may take longer if there are disagreements or disputes with the terms. This may require court hearings, and in certain cases, a trial to hear both the plaintiff and defendant.
Trial
A trial is conducted before a judge. In some states it is also held before jurors. Each side must present their evidence and call witnesses to support their claims. Divorces are usually brought to trial when the parties cannot agree on issues such as custody, property division, or financial support.
Before making a final decision or judgment, the judge or jury will consider all evidence and testimony. Before making a final judgment, the judge or jury will also consider the laws of your state.
We recommend that you explore other options before proceeding to trial because divorce trials can be expensive, time-consuming, and exhausting. Private arbitration, mediation, and collaborative divorce are all options.
Judgment
The judgment is the final step. This is where the judge signs and seals the divorce papers. The order of dissolution is also known as the judgment of divorce. This is the signature of the judgment of divorce. It details the details concerning the final points such as custody, assets and debts.
Do You Need an Attorney?
While some people can go it alone and not need an attorney, there are times when this can prove difficult. An attorney will protect your rights and ensure you do not get the short end of a stick.
A skilled attorney will quickly file the proper paperwork and maximize your chances to get a divorce judgement that you are happy with.
If you and your spouse are not in agreement on divorcing, it is a good idea to contact a divorce attorney before you file for divorce. They will explain your rights and show you how you can protect your interests throughout the process.
You Can Now Go Through the Divorce Procedure
This guide will help you navigate the difficult process of divorce with more confidence. If you don’t feel comfortable or knowledgeable about family law, it is a good idea to hire a lawyer to assist you in this process.
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